House Study Bill 602 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED SECRETARY OF STATE BILL) A BILL FOR An Act concerning the review, approval, and establishment of 1 county supervisor districting plans. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5274XD (9) 84 ec/sc
S.F. _____ H.F. _____ Section 1. Section 49.8, subsection 4, Code 2011, is amended 1 to read as follows: 2 4. If city population data certified by the United States 3 bureau of the census following the federal decennial census 4 is revised and the revision is certified by the United 5 States bureau of the census, such revisions may be used 6 to revise precinct and ward boundaries in accordance with 7 the requirements of sections 49.3 and 49.5 . The board of 8 supervisors shall determine whether such revised population 9 data affects the population equality of supervisor districts. 10 If necessary, the temporary county redistricting commission 11 shall be reconvened, notwithstanding section 331.210A, 12 subsection 4 , and supervisor districts shall be revised 13 in accordance with the requirements of section 331.210A, 14 subsection subsections 2 and 2A . 15 Sec. 2. Section 68B.32A, subsection 16, Code 2011, is 16 amended by striking the subsection. 17 Sec. 3. Section 331.209, subsection 4, Code 2011, is amended 18 by striking the subsection. 19 Sec. 4. Section 331.210A, subsection 2, paragraph e, Code 20 2011, is amended by striking the paragraph. 21 Sec. 5. Section 331.210A, subsection 2, paragraph f, 22 subparagraph (4), Code 2011, is amended to read as follows: 23 (4) The governing body, after approving a plan, shall comply 24 with the requirements of paragraph “e” subsection 2A . 25 Sec. 6. Section 331.210A, Code 2011, is amended by adding 26 the following new subsection: 27 NEW SUBSECTION . 2A. Review and approval of plans. 28 a. The plan adopted by the board of supervisors as provided 29 in subsection 2 shall be submitted to the state commissioner of 30 elections for review and approval. To facilitate this review, 31 each applicable temporary county redistricting commission 32 shall notify the state commissioner of elections when the 33 boundaries of supervisor districts will be changed or newly 34 divided pursuant to a change in the county representation plan, 35 -1- LSB 5274XD (9) 84 ec/sc 1/ 5
S.F. _____ H.F. _____ shall provide documentation as to when the board of supervisors 1 approved the new supervisor district plan, shall provide a map 2 delineating the new boundary lines, and shall certify to the 3 state commissioner of elections the populations of the new 4 supervisor districts as determined under the latest federal 5 decennial census. 6 b. (1) The state commissioner shall reject a county 7 supervisor districting plan submitted to the state commissioner 8 if a valid petition requesting that the legislative services 9 agency prepare the supervisor districting plan for the county 10 is filed with the state commissioner of elections, on a form 11 prescribed by the state commissioner, within thirty days after 12 the plan is approved by the board of supervisors. For purposes 13 of this subparagraph, a petition is a valid petition if signed 14 by eligible electors of the county equal in number to at least 15 two percent of the total votes cast in the county for the 16 office of governor at the last preceding general election 17 for governor. In addition, the petition shall include the 18 signatures of the eligible electors, a statement of their place 19 of residence, and the date on which they signed the petition. 20 If a date of signature on a petition is a date prior to the date 21 the board of supervisors approved the plan, the signature shall 22 not be counted. 23 (2) Upon determining that a valid petition has been 24 filed with the state commissioner, the state commissioner 25 shall direct the legislative services agency to prepare a 26 supervisor districting plan for the county. The legislative 27 services agency shall draw the plan, based to the extent 28 possible upon the precinct plan adopted and approved by the 29 state commissioner for use by the county, in accordance with 30 the standards of section 42.4, to the extent applicable, and 31 such other legal requirements applicable to county supervisor 32 districts. The legislative services agency shall submit the 33 plan to the state commissioner who shall impose the plan on the 34 county. 35 -2- LSB 5274XD (9) 84 ec/sc 2/ 5
S.F. _____ H.F. _____ c. (1) If a valid petition as provided by paragraph “b” is 1 not filed with the state commissioner, the state commissioner 2 shall review the plan submitted and shall approve the plan if 3 the plan meets the standards of section 42.4 and such other 4 legal requirements applicable to county supervisor districts 5 and precincts. 6 (2) If the state commissioner finds that the plan does 7 not meet the standards of section 42.4 and such other legal 8 requirements applicable to county supervisor districts or 9 precincts, the state commissioner shall reject the plan, and 10 the board of supervisors shall direct the commission to prepare 11 and adopt an acceptable plan. If it is necessary for the 12 temporary county redistricting commission to make subsequent 13 attempts at adopting an acceptable plan because the initial 14 proposed district or precinct plan has been rejected pursuant 15 to this subparagraph, the subsequent plans do not require 16 public hearings. 17 d. Upon failure of a temporary county redistricting 18 commission to make the required changes in supervisor district 19 boundaries by the dates specified by sections 331.203, 20 331.204, and 331.209 as determined by the state commissioner of 21 elections, the state commissioner of elections shall make or 22 cause to be made the necessary changes as soon as possible, and 23 shall assess to the county the expenses incurred in so doing. 24 The state commissioner of elections may request the services of 25 personnel and materials available to the legislative services 26 agency to assist the state commissioner in making required 27 changes in supervisor district boundaries which become the 28 state commissioner’s responsibility. 29 Sec. 7. Section 331.210A, subsection 4, Code 2011, is 30 amended to read as follows: 31 4. Termination. The terms of the members of the temporary 32 county redistricting commission shall expire twenty days 33 following the date the county’s supervisor district plan and 34 corresponding precinct plan, if applicable, are approved or 35 -3- LSB 5274XD (9) 84 ec/sc 3/ 5
S.F. _____ H.F. _____ imposed by the state commissioner of elections under sections 1 section 49.7 and 331.209 this section . 2 Sec. 8. Section 331.248, subsection 2, paragraph h, Code 3 2011, is amended to read as follows: 4 h. Provide for a representation plan for the governing body 5 which representation plan may differ from the representation 6 plans provided in section 331.206 and in chapter 372 . If the 7 plan calls for representation by districts and the charter 8 has been approved in a county whose population is one hundred 9 eighty thousand or more, the plan shall be drawn pursuant to 10 section 331.210A, subsection 2 , paragraph “f” . The initial 11 representation plan for such a county shall be drawn as 12 provided in section 331.210A, subsection 2 , paragraph “f” , 13 within one hundred twenty days after the election at which the 14 charter is approved. For the initial representation plan, 15 the charter commission shall assume the role of the governing 16 body for purposes of this paragraph and , section 331.210A, 17 subsection 2 , paragraphs “d” through and “f” , and section 18 331.210A, subsection 2A . 19 EXPLANATION 20 This bill concerns county supervisor districting plans. 21 Under current law, following adoption by the county 22 supervisors of a county supervisor districting plan, an 23 eligible elector from the county may file, within 14 days of 24 adopting the plan, a complaint with the state commissioner of 25 elections (the secretary of state), alleging that the plan was 26 drawn for improper political reasons. Once filed, current law 27 provides that the complaint be forwarded to the ethics and 28 campaign disclosure board for a determination of whether the 29 plan was improperly drawn. 30 The bill eliminates the complaint process relative to 31 the ethics and campaign disclosure board. Instead, the bill 32 provides that if following the adoption of a county supervisor 33 district plan a valid petition is filed with the commissioner 34 of elections, the state commissioner shall reject the plan and 35 -4- LSB 5274XD (9) 84 ec/sc 4/ 5
S.F. _____ H.F. _____ direct the legislative services agency to draw a plan. The 1 bill provides that the petition shall be filed within 30 days 2 after the adoption of the plan and shall be signed by eligible 3 electors of the county equal in number to at least 2 percent of 4 the total votes cast for the office of governor in the county 5 at the last preceding general election for governor. To be 6 counted, a signature shall not be dated prior to the date the 7 board of supervisors approved the plan. The bill provides that 8 once the state commissioner determines that a valid petition 9 has been filed, the legislative services agency shall draw a 10 county supervisor districting plan that shall be imposed on the 11 county by the state commissioner. 12 The bill makes additional changes to relocate provisions 13 relative to the consideration, review, approval, and 14 imposition of county supervisor districting plans by the state 15 commissioner of elections to Code section 331.210A. 16 -5- LSB 5274XD (9) 84 ec/sc 5/ 5